New Zealand Property Investors' Federation

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24-11-2022

Proposals for methamphetamine regulations which will apply to residential tenancies

Proposals for methamphetamine regulations, which will apply to residential tenancies, have today been released for public feedback.

The discussion document and a summary of the proposals can be found on the Ministry website https://consult.hud.govt.nz/policy-and-legislation-design/methamphetamine-regulations, together with information about how to provide comments on the proposals.

Submissions are welcome up until 20 February 2023.

Why are regulations needed?

It is currently not clear what should be done when rental premises are contaminated with methamphetamine residue. Regulations under the Residential Tenancies Act are needed to provide certainty in this area.

There are currently two ‘acceptable’ levels of methamphetamine contamination in use: 1.5μg/100cm2 from the 2017 New Zealand standard, and 15μg/100cm2 from the 2018 report of the Prime Minister’s former Chief Science Advisor, Professor Gluckman. Neither level is referenced in legislation and so neither is legally binding.

Having two levels has led to uncertainty for stakeholders and disproportionate responses to low levels of methamphetamine residue.

The key regulatory proposals

We are seeking feedback on the proposal to set a maximum acceptable level of methamphetamine residue in rental premises at 15μg/100cm2. If professional tests show levels over this, the property is ‘contaminated’, and must be decontaminated to a level which tests at or below 15μg/100cm2.

We are also proposing that a maximum inhabitable level of methamphetamine residue in rental premises be set at 30μg/100cm2. Setting a maximum inhabitable level will, in certain circumstances, enable tenancies to be terminated if properties test above that level.

The proposals also set out what type of testing would be permitted under the regulations, prescribe a decontamination process, and set out rules to manage abandoned goods left in contaminated premises.

Once relevant regulations are in place, landlords will not be able to knowingly rent out premises that are contaminated above the prescribed levels (as set out in the regulations), without decontaminating in accordance with the regulations. They will be liable for a financial penalty of up to $4,000 if they do so.

The proposals take a proportionate approach that includes risk assessment, testing, and decontamination, in accordance with international best practice. They aim to provide greater certainty for stakeholders and minimise disruption to landlords and tenants where there is a low probability of harm.

To support this work, the Ministry has commissioned up-to-date scientific advice on the health effects of unintended methamphetamine exposure and has used this to inform the regulatory proposals.

Any questions?

Please feel free to reply to this email if you have any questions about any aspect of this consultation.

Ngā mihi,

Jeremy Steele (he/him)

General Manager | Policy and Legislation Design

proposals for methamphetamine regulations which will apply to residential tenancies, which have today been released for public feedback.

The discussion document and a summary of the proposals can be found on the Ministry website https://consult.hud.govt.nz/policy-and-legislation-design/methamphetamine-regulations, together with information about how to provide comments on the proposals.

Submissions are welcome up until 20 February 2023.

Why are regulations needed?

It is currently not clear what should be done when rental premises are contaminated with methamphetamine residue. Regulations under the Residential Tenancies Act are needed to provide certainty in this area.

There are currently two ‘acceptable’ levels of methamphetamine contamination in use: 1.5μg/100cm2 from the 2017 New Zealand standard, and 15μg/100cm2 from the 2018 report of the Prime Minister’s former Chief Science Advisor, Professor Gluckman. Neither level is referenced in legislation and so neither is legally binding.

Having two levels has led to uncertainty for stakeholders and disproportionate responses to low levels of methamphetamine residue.

The key regulatory proposals

We are seeking feedback on the proposal to set a maximum acceptable level of methamphetamine residue in rental premises at 15μg/100cm2. If professional tests show levels over this, the property is ‘contaminated’, and must be decontaminated to a level which tests at or below 15μg/100cm2.

We are also proposing that a maximum inhabitable level of methamphetamine residue in rental premises be set at 30μg/100cm2. Setting a maximum inhabitable level will, in certain circumstances, enable tenancies to be terminated if properties test above that level.

The proposals also set out what type of testing would be permitted under the regulations, prescribe a decontamination process, and set out rules to manage abandoned goods left in contaminated premises.

Once relevant regulations are in place, landlords will not be able to knowingly rent out premises that are contaminated above the prescribed levels (as set out in the regulations), without decontaminating in accordance with the regulations. They will be liable for a financial penalty of up to $4,000 if they do so.

The proposals take a proportionate approach that includes risk assessment, testing, and decontamination, in accordance with international best practice. They aim to provide greater certainty for stakeholders and minimise disruption to landlords and tenants where there is a low probability of harm.

To support this work, the Ministry has commissioned up-to-date scientific advice on the health effects of unintended methamphetamine exposure and has used this to inform the regulatory proposals.

Any questions?

Please feel free to reply to this email if you have any questions about any aspect of this consultation.

Ngā mihi,

Jeremy Steele (he/him)

General Manager | Policy and Legislation Design

proposals for methamphetamine regulations which will apply to residential tenancies, which have today been released for public feedback.

The discussion document and a summary of the proposals can be found on the Ministry website https://consult.hud.govt.nz/policy-and-legislation-design/methamphetamine-regulations, together with information about how to provide comments on the proposals.

Submissions are welcome up until 20 February 2023.

Why are regulations needed?

It is currently not clear what should be done when rental premises are contaminated with methamphetamine residue. Regulations under the Residential Tenancies Act are needed to provide certainty in this area.

There are currently two ‘acceptable’ levels of methamphetamine contamination in use: 1.5μg/100cm2 from the 2017 New Zealand standard, and 15μg/100cm2 from the 2018 report of the Prime Minister’s former Chief Science Advisor, Professor Gluckman. Neither level is referenced in legislation and so neither is legally binding.

Having two levels has led to uncertainty for stakeholders and disproportionate responses to low levels of methamphetamine residue.

The key regulatory proposals

We are seeking feedback on the proposal to set a maximum acceptable level of methamphetamine residue in rental premises at 15μg/100cm2. If professional tests show levels over this, the property is ‘contaminated’, and must be decontaminated to a level which tests at or below 15μg/100cm2.

We are also proposing that a maximum inhabitable level of methamphetamine residue in rental premises be set at 30μg/100cm2. Setting a maximum inhabitable level will, in certain circumstances, enable tenancies to be terminated if properties test above that level.

The proposals also set out what type of testing would be permitted under the regulations, prescribe a decontamination process, and set out rules to manage abandoned goods left in contaminated premises.

Once relevant regulations are in place, landlords will not be able to knowingly rent out premises that are contaminated above the prescribed levels (as set out in the regulations), without decontaminating in accordance with the regulations. They will be liable for a financial penalty of up to $4,000 if they do so.

The proposals take a proportionate approach that includes risk assessment, testing, and decontamination, in accordance with international best practice. They aim to provide greater certainty for stakeholders and minimise disruption to landlords and tenants where there is a low probability of harm.

To support this work, the Ministry has commissioned up-to-date scientific advice on the health effects of unintended methamphetamine exposure and has used this to inform the regulatory proposals.

Any questions?

Please feel free to write to  Methamphetamine Regulation Consultation methconsultation@hud.govt.nz   if you have any questions about any aspect of this consultation.

Ngā mihi,

Jeremy Steele (he/him)

General Manager | Policy and Legislation Design

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